BYLAW NO. 14-2019
A BYLAW OF THE TOWN OF ASQUITH, IN THE PROVINCE OF SASKATCHEWAN,
TO PROVIDE FOR THE ABATEMENT OF NUISANCES WITHIN
THE TOWN OF ASQUITH
The Council for the Town of Asquith, in the Province of Saskatchewan, enacts as follows:
1. This Bylaw may be cited as The Nuisance Abatement Bylaw.
2. The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect:
a) the safety, health or welfare of people in the neighbourhood;
b) people's use and enjoyment of their property; or
c) the amenity of the neighbourhood.
3. In this Bylaw:
a) " Designated Officer" means an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purpose of this Bylaw;
b) " building" means a building within the meaning of the Municipality Act;
c) "Municipality" means The Town of Asquith;
d) "Council" means the Council of The Town of Asquith;
e) "junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that
(1) has no valid license plates attached to it; or
(2) is in a rusted, wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and
ii) is located on private land, but that:
(1) is not within a structure erected in accordance with any Bylaw respecting the erection of buildings and structures in force within the Municipality; and
(2) does not form a part of a business enterprise lawfully being operated on that land;
f) "nuisance" means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect:
i) the safety, health or welfare of people in the neighbourhood;
ii) people's use and enjoyment of their property and includes:
i) a building in ruinous or dilapidated state of repair;
ii) an unoccupied building that is damaged and is an imminent danger to the public safety;
iii) land that is overgrown with grass and weeds;
iv) untidy and unsightly property;
v) junked vehicles;
vi) open excavations on property;
(g) "occupant" means an occupant as defined in The Municipalities Act;
(h) "owner" means an owner as defined in The Municipalities Act;
i) "property" means land or buildings or both;
j) "structure" means anything erected or constructed, the use of which requires temporary or permanent location on, or support of, the soil, or attached to something having permanent location on the ground or soil; but not including pavements, curbs walks or open surfaced areas.
4. Unless otherwise specified, the owner of property, including land buildings and structures, shall be responsible for carrying out the provisions of this Bylaw.
Nuisances Prohibited Generally
5. No person shall cause or permit a nuisance to occur on any property owned by that person.
6. Not withstanding the generality of Section 5, no person shall cause or permit a building or structure to deteriorate into a ruinous or dilapidated state such that building or structure:
a) is dangerous to the public health and safety;
b) substantially depreciates the value of other land or improvements in the neighbourhood; or
c) is substantially detrimental to the amenities of the neighbourhood.
7. Notwithstanding the generality of Section 5, no person shall cause or permit an unoccupied building to become damaged or to deteriorate into a state of disrepair such that the building is an imminent danger to the public safety.
Overgrown Grass or Weeds
8. Notwithstanding the generality of Section 5, no owner or occupant of land shall cause or permit the land to be overgrown with grass or weeds.
9. For the purposes of this section, "overgrown" means in excess of 0.20 metres in height.
10. This section shall not apply to any growth which forms part of natural garden that has been deliberately planted to produce ground cover, including one or more species of wild flowers, shrubs, perennials, grasses or combinations of them, whether native or non-native, consistent with a managed and natural landscape other regularly mown grass.
Untidy and Unsightly Property
11. Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy or unsightly.
12. Notwithstanding the generality of Section 5, no person shall cause or permit any junked vehicles to be kept on any land owned by that person.
13. Notwithstanding the generality of Section 5, no person shall cause or permit any basement, excavation, drain, ditch, watercourse, pond, surface water, swimming pool or other structure to exist in or on any private land or in or about any building or structure which is dangerous to the public safety or heath.
Maintenance of Yard
14. Notwithstanding the generality of Section 5, no person shall cause or permit on any property owned by that person:
a) an infestation of rodents
b) any dead or hazardous trees; or
c) any sharp or dangerous objects.
Outdoor Storage of Materials
15. Any building material, lumber, scrap metal, boxes or similar items stored in a yard shall be neatly stacked in piles and elevated off the ground so as not to constitute a nuisance or harborage for rodents.
16. Materials referred to in Section 15 shall be elevated at least 0.15 metres off the ground and shall be stacked at least 3. Metres from the exterior walls of any building and at least 1.0 metres from the property line.
Refrigerators and Freezers
17. Any refrigerator or freezer left in a yard shall first have its hinges latches, lid, door or doors removed.
18. Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
19. The administration and enforcement of this Bylaw is hereby delegated to the Administrator for The Town of Asquith.
20. The Administrator for The Town of Asquith is hereby authorized to further delegate the administration and enforcement of this Bylaw to the Bylaw Enforcement Officer of the Town of Asquith.
21. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized.
22. Inspections under this Bylaw shall be carried out in accordance with Section 362 of the Municipality Act.
23. No person shall obstruct a Designated Officer who is authorized to conduct an inspection under this section, or a person who is assisting a Designated Officer.
Order to Remedy Contraventions
24. If a Designated Officer finds that a person is contravening this Bylaw, the Designated Officer may, by written order, require the owner or occupant of the property to which the contravention relates to remedy the contravention.
25. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
26. Orders given under this Bylaw shall be served in accordance with Section 390(1) (a),(b) or (c) of The Municipalities Act.
Registration of Notice or Order
27. If an order is issued pursuant to Section 24, the Municipality may, in accordance with Section 364 of The Municipalities Act, give notice of the existence of the order by registering an interest against the title to the land that is subject to the order.
Municipality Remedying Contraventions
29. The municipality may, in accordance in Section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this bylaw.
30. In an emergency, the municipality may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provisions of Section 367 of The Municipalities Act.
Recovery of Unpaid Expenses and Costs
31. Any unpaid expenses and costs incurred by the Municipality in remedying the contravention of this Bylaw may be recovered either:
a) by civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act.
b) by adding the amount to the taxes on the property on which the work is done in accordance with Section 369 of The Municipalities Act.
Offences and Penalties
32. No person shall:
a) fail to comply with an order made pursuant to this Bylaw;
b) obstruct or interfere with the Designated Officer or any other person acting under the authority of this Bylaw; or
c) fail to comply with any provision of this Bylaw.
22. Every person who contravenes any provisions of Section 31 is guilty of an offence and liable on summary conviction:
a) in the case of an individual, to a fine of not more than $10,000;
b) in the case of a corporation, to a fine of not more than $25,000;
c) in the case of a continuing offence, to a maximum daily fine not more than $2,500 per day.
Coming Into Force
34. That Bylaw No. 5-2005 and Bylaw No. 8-2019 be repealed and further that this Bylaw come into effect December 11, 2019.
Read a third time and adopted
This 11th day of December 11, 2019.
Certified a true copy of Bylaw No. 14-2019
Passed on the 11th day of December 2019.